Tier 1 general dependant ilr refusal

[lander]

Thanks for your response but maintenance income went below £630 for about 2 days and the 90 days will only be complete next week 24th August. please advice time is running out

[Abc499]

Feel sorry for you, do not take offensive.
Take a breath and see the whole thread once again you will see the solutions you have. However, you are not happy with these solutions. But even it will be hard for theresa may to provide any straightforward guaranteed solutions as you create the trap yourself already, also she is on holiday in Switzerland and your time is running out, dependent overstay clock running. Do some little research and validity test that this is possible or not!
 You applied 5th July for dependent ILR which was wrong.
 Failed to make fresh application before current visa expiry 21st July for extension.
 Made AR request which you know 100% will be refused, so you definitely made a plan what you will do after AR refused. But seems after AR refused you thinking now.
 Before 21st you even had some options too to stay legal and apply for extension after one month when maintenance reach 90 days. But failed to do that and now made your dependent overstayed.
 As you mention maintenance fund not ready now, so you are likely to be refused again on this ground.
 You can also see multiple account maintenance funds, in one account 300, another 400; in that way.
 Next option, make the dependent extension application on 24th when your maintenance fund ready. (probably no other better solution you have now)
 You are making application with 14th days overstaying, if other requirement fine you will get the extension.
 You mention within 14th days of AR you need to update enforcement team, so on 24th also you can update enforcement team that you have applied of leave to remain.

You had more options to handle this nicely but till 21st July when you had valid leave, but did not manage to utilize 5-21st July. However, as you have ILR you have the final options with you all the time, if require dependent can go back and apply from out of UK. Good Luck.

[lander]

Thank you for your response but why would he have to travel back to make application as spouse of settled person why not within the uk. Thanks for your help. The other question is that I assume that he only becomes overstayer after 28 days of receiving decision of administrative review. please help

[CR001]

Thank you for your response but why would he have to travel back to make application as spouse of settled person why not within the uk. Thanks for your help. The other question is that I assume that he only becomes overstayer after 28 days of receiving decision of administrative review. please help

Because he does not have a valid visa as his visa has expired. To apply in the UK for a spouse visa, he needs to have a valid visa. No, he became an overstayer from the day after his visa expired because AR failed.

[Obie]

OP's husband can apply for dependent visa, it is less than 28 days since her husband was refused.

He clearly qualifies to apply for Extension under the PBS.

I accept the views expressed, that because he was granted leave after the 09-07-2012, he will have to wait for 5 year.

He will qualify in 2019 for ILR.

Wish you the best.

[lander]

Obie, CR001 his visa actually expired on 18 july but AR decision letter is dated 10 august but received 12 august. so can he still apply for extension of his leave as tier 1 general partner. I just rechecked his visa expiry date

[Obie]

The problem is, in future before spending thousand on ILR and AR which was always bound to fail, you could seek legal advise, which would have costed you less.

I was working on the fact that your husband's leave expired on the 21 as you initially mentioned.

Section 3C does not appear to be engaged because you did a premium application, and therefore during the assessment of the application section 3C was not engaged as he had leave in the UK.

You ought to have made an application since Monday.

I am afraid, that with this new information of the 18 July, that his leave expired, he is likely to fail in his application.

Do you have any children in the UK , and what is their age/es? was any of them born in the UK?

[Casa]

You won't get better advice than Obie has given you.

[Obie]

You won't get better advice than Obie has given you.

Thanks Casa, one could only wish we had been able to give this advise before the life changing event that happened to OP and her husband.

What has happened to OP is every migrant's worst nightmare.

You leave your home and livelihood and come to settle in a foreign country, plan a future and foster ties, and one simple mistake and ignorance of the law, could cause such devastating consequences.

If i was advising on the 14 August, perhaps something might have been salvaged from this messy situation.

I can only hope that returning to his home country will not be the only option available to her husband, having lost over £2000 on this application.

[lander]

Thank you very much Obie for your wealth of experience. very big mistake on my part. We have a daughter born in uk in February 2015. you advice will be greatly appreciated obie

[ouflak1]

I can only hope that returning to his home country will not be the only option available to her husband, having lost over £2000 on this application.

Is that really such a bad option? If he does so now, in a relatively short period of time since this disaster unfolded, they can still salvage this situation fairly quickly. Spouse visas, in general, are not known to take long for genuine marriages. They have a child and it was a mistake that can be explained and backed up with evidence. I rather think that is the best and most reliable option, IF acted upon quickly. Everything else at this point seems like a drawn out expensive nightmare that could go on for years and might still result in failure.

I have little faith in the anchor baby route. I know it still works in some cases, but well... you've seen how long those battles can take to finally reach a conclusion.